Open, with security exceptions
Foreign Ownership of a US Company
A non-resident can own a US company outright, with no residency requirement for owners or directors.
GCC business setup specialists
The exceptions are national-security shaped
There is no general restriction on foreign ownership of a US business, no local shareholder requirement and no residency test for directors. What exists instead is a national-security review regime for investments touching critical technology, critical infrastructure, sensitive personal data or real property near defence sites, plus a short list of sector restrictions in areas such as aviation, broadcasting and coastal shipping. For most businesses none of it applies.
- Your sector checked against the restricted and reviewable list
- Security review exposure identified before you commit
- Clear answer that most businesses face no restriction at all
20+
Mainland, free zone and offshore jurisdictions we file in — so the recommendation is based on your activity, not on which authority we happen to be registered with.
7,000+
Companies successfully established.
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Where limits exist
Foreign ownership by situation
Most businesses are unaffected.
| Situation | Position |
|---|---|
| Ordinary trading or services business | No restriction. |
| Directors and officers | No residency or nationality requirement. |
| Critical technology or infrastructure | National-security review can apply. |
| Sensitive personal data at scale | Review can apply. |
| Real property near defence sites | Review can apply. |
| Aviation, broadcasting, coastal shipping | Sector-specific limits apply. |
National-security review thresholds, mandatory filing categories and sector restrictions are set by federal law and regulation and change. Where review may apply, specialist US counsel should be engaged. We handle US formation and compliance set-up and co-ordinate with a US tax adviser where advice is needed. We do not give US federal or state tax advice, and any adviser offering US tax conclusions as part of a formation package should be treated with caution.
How it works
Establishing your position
Sector check, then straightforward formation.
01
Check the sector
Whether your activity touches a restricted sector or a category where national-security review can apply. For most businesses this is a short conversation.
02
Form without constraint
Where nothing applies, the company is formed with whatever ownership you want, and no local director or shareholder is needed.
03
Escalate where needed
Where review may be engaged, we say so and point you to specialist counsel rather than proceeding as though it is routine.
- What the business will actually do
- Whether any technology is export controlled
- Whether you will hold sensitive personal data
- Whether you will acquire real property, and where
- Whether government or defence contracting is intended
- Whether the sector is licensed federally
- Owners and their countries of residence
- Whether any owner is a government entity
- Whether existing US assets are being acquired
- Whether a US business is being bought
- Expected scale of operations
- Timeline
Scope
What is included, and what is not
Stated plainly, so nothing is added once the engagement starts.
Included in the service fee
- Sector check against restricted activities
- Identification of national-security review exposure
- Entity and state recommendation
- Formation with your chosen ownership
- Registered agent arrangement
- Governing documents reflecting the ownership
- Referral to specialist counsel where review applies
- Co-ordination with a US tax adviser where needed
Not included, quoted separately
- State filing fees, paid at cost
- National-security filings and counsel
- US federal and state tax advice
- Export control advice and classification
- Sector licensing, quoted separately
- Acquisition due diligence
- Bank account opening decisions
- Immigration applications
Verify independently
Relevant US authorities
We file directly with these bodies on your behalf.
Secretary of State of the state of formationInternal Revenue ServiceState departments of revenueCounty and city licensing officesRegistered agent in each stateState professional licensing boards
Questions
US foreign ownership — FAQs
Can a non-resident own a US company outright?
Yes. There is no local shareholder requirement and no residency test for owners, directors or officers.
Do I need a US resident director?
No. That requirement exists in several other jurisdictions but not here, which is one reason US formation looks deceptively simple.
When does national-security review apply?
Where an investment touches critical technology, critical infrastructure, sensitive personal data at scale, or real property near defence sites. Most ordinary businesses are outside it.
Which sectors are restricted?
Aviation, broadcasting and coastal shipping among others carry specific limits. We check your sector before you plan around open ownership.
Does being foreign-owned change my filings?
Yes, materially. Foreign ownership triggers specific federal information reporting, which is covered on our tax compliance page and carries substantial penalties if missed.
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At Black Swan Business Setup Services, our mission is simple: to empower entrepreneurs and companies of all sizes to establish and expand their presence in the UAE, Oman, Saudi Arabia, Bahrain, and beyond.
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